Lewis v. Divvies LLC
Plaintiff: Serigne S. Lewis
Defendant: Divvies LLC
Case Number: 3:2018cv01421
Filed: August 21, 2018
Court: US District Court for the District of Connecticut
Presiding Judge: Sarah A L Merriam
Referring Judge: Alvin W Thompson
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 2000 e
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 4, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2018 Opinion or Order Filing 14 ORDER: Upon review and pursuant to 28 U.S.C. 636(b) and Rule 72.2 of the Local Rules for United States Magistrate Judges (D.Conn.), Magistrate Judge Merriam's Recommended Ruling (Doc. No. #12 ) is hereby ACCEPTED, absent objection. For the reasons set forth in the attached document, the Complaint (Doc. No. #1 ) is hereby DISMISSED without prejudice to re-filing by October 12, 2018. Signed by Judge Alvin W. Thompson on 10/4/18. (Mata, E.)
September 12, 2018 Opinion or Order Filing 13 ORDER. For the reasons set forth in the Court's Recommended Ruling, plaintiff's #9 Motion for Leave to Proceed in forma pauperis is GRANTED. See Doc. #12 at 2-3. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/12/2018. (Katz, S.)
September 12, 2018 Opinion or Order Filing 12 RECOMMENDED RULING. For the reasons set forth in the attached ruling, the Court recommends that plaintiff's #1 Complaint be DISMISSED, without prejudice to re-filing, pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). If plaintiff wishes to pursue his claim(s), he must file an amended complaint that sets forth the basic facts that give rise to his claim, on or before October 12, 2018. 8 Pages. Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. Signed by Judge Sarah A. L. Merriam on 9/12/2018. (Katz, S.)
September 12, 2018 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Ruling on MOTION for Leave to Proceed in forma pauperis (Doc. No. #9 ). It is so ordered. Signed by Judge Alvin W. Thompson on 9/11/2018. (Jerjian, O.)
September 11, 2018 Opinion or Order Filing 10 ORDER: Upon review and pursuant to 28 U.S.C. 636(b) and Rule 72.2 of the Local Rules for United States Magistrate Judges (D.Conn.), Magistrate Judge Merriam's Recommended Ruling (Doc. No. 8 ) is hereby ACCEPTED. The plaintiff's motion for leave to proceed in forma pauperis (Doc. No. #2 ) is hereby DENIED, without prejudice to re-filing. Signed by Judge Alvin W. Thompson on 9/11/18. (Mata, E.)
September 5, 2018 Filing 9 MOTION for Leave to Proceed in forma pauperis by Serigne S. Lewis. (Payton, R.)
August 28, 2018 Opinion or Order Filing 8 RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing.Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . That sworn statement, however, is incomplete, leaving the Court unable to fully assess plaintiff's financial circumstances. Although the plaintiff states that he is seasonally employed, he fails to set forth his monthly or weekly gross income. See id. at 3. He also fails to indicate whether he owns an automobile or if he has any cash or securities on hand. See id. at 4. Although plaintiff represents that he lives in an apartment, he does not state his monthly rent obligations. See id. "The court may deny an application to proceed in forma pauperis if [the applicant] fails to submit the required financial information[.]" Whatley v. Astrue, No. 5:11CV1009(NAM)(ATB), 2011 WL 5222908, at *1 (N.D.N.Y. Oct. 14, 2011), report and recommendation adopted, 2011 WL 5196716 (Oct. 31, 2011) (citation omitted); Schwarz v. I.R.S., 998 F. Supp. 201, 202 (N.D.N.Y. 1998) (denying application to proceed in forma pauperis as incomplete where plaintiff failed to complete application).Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff shall re-file his motion or pay the required filing fee on or before September 24, 2018, or this case may be dismissed. If plaintiff chooses to re-file his motion, he must complete all of the required information. Plaintiff must include the following information in any re-filed motion: his gross monthly income for the past three months; his total monthly rent for his apartment; whether he owns an automobile; and whether he has any cash in any bank(s). Plaintiff may indicate that his obligations are "$0" or that a particular question does not apply to his situation, but he may not leave significant sections of the affidavit form entirely blank.This is a recommended ruling. Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. See Fed. R. Civ. P. 72(b)(2); 28 U.S.C. 636(b)(1). Failure to object within fourteen (14) days will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2; Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/28/2018. (Katz, S.)
August 26, 2018 Opinion or Order Filing 6 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for Ruling on MOTION for Leave to Proceed in forma pauperis (Doc. No. #2 ). It is so ordered. Signed by Judge Alvin W. Thompson on 8/24/2018. (Ly, T.)
August 21, 2018 Filing 7 NOTICE re: Initial Discovery Protocols. Signed by Clerk on 8/21/2018. (Attachments: #1 Discovery Protocols Form)(Fazekas, J.) Modified on 8/27/2018 to correct file date (Fazekas, J.).
August 21, 2018 Opinion or Order Filing 5 STANDING PROTECTIVE ORDER Signed by Judge Alvin W. Thompson on 8/21/2018.(Fazekas, J.)
August 21, 2018 Opinion or Order Filing 4 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alvin W. Thompson on 8/21/2018.(Fazekas, J.)
August 21, 2018 Opinion or Order Filing 3 Order on Pretrial Deadlines: Amended Pleadings due by 10/20/2018. Discovery due by 2/20/2019. Dispositive Motions due by 3/27/2019. Signed by Clerk on 8/21/2018.(Fazekas, J.)
August 21, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by Serigne S. Lewis. (Fazekas, J.)
August 21, 2018 Filing 1 COMPLAINT against Divvies LLC, filed by Serigne S. Lewis.(Fazekas, J.)

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